Brazil Rules Against Sports Betting Agent
A court case in Brazil has finally been decided, in favor of a spurned sports betting player. The court has come down firmly on the side of the bettor who claimed his bet was not properly processed, resulting in the loss of a substantial amount of money. The case brings up further questions about the responsibility of the government regarding such cases while the legalization effort for gambling is still underway.
A recent court decision favored a Brazilian sports betting fan, resulting in a payment from a betting platform, calling into question again when betting will be legalized in the country. However, after Sunday’s riots, Brazil’s government has more urgent matters. ©Alex McCarthy/Unsplash
A unique court case in Brazil
Despite some confusion regarding the legality and regulation of sports betting in Brazil, the court has ruled in favor of a player who had a complaint against a betting site he accessed from within the country. This distinction is important since some betting platforms available to Brazilians are off-shore companies, thereby limiting Brazilian judicial powers over them.
Though betting regulation is still on pause for the Brazilian federal government, sports betting sites are in fact accessible to Brazilians. During the recent World Cup, Brazil was the ejected from the tournament.
This means that players can still enjoy sports betting, though it sometimes comes with a cost. Part of the issue around regulation is whether Brazilian courts can protect players who receive unfair treatment on sports betting platforms. In this case, the courts sided with the player who brought the case forward, perhaps setting a precedent for future sports betting-related issues.
The 8th Private Law Chamber of the São Paulo Court of Justice heard an appeal based on a decision initially given by Judge Fábio Henrique Falcone Garcia. Both the original 3rd Civil Court of the São Miguel Paulista Regional Forum and the appeal court decided in favor of the customer who brought his complaint forward.
This player placed a bet worth about $7.62 USD on December 9, 2020. The bet involved a match during the Brazilian Soccer Championship. Based on the player’s bet and the results of the games, he would have been first in his league. However, it turned out that the bet was not properly administered, meaning he lost out on any winnings.
He attempted to rectify the situation with the administrators of the site, but was refused sufficient help, so he ultimately brought it to the court. The court reviewed the case and determined that the plaintiff’s bet was not registered due to a system failure, and therefore the betting platform should take responsibility.
They ordered the site to pay the plaintiff a sum of about $22,682 USD. Judge Silvério da Silva, who took part in the appeal hearing, explained that the case was not about a betting debt that was owed. It was rather about the responsibility of the platform to provide adequate services for its customers, for example preventing and rectifying system issues like this one.
The latest news in sports betting regulation in Brazil
The future of sports betting and casino betting in Brazil has been highly debated, particularly in the last year, when former president Lula beat incumbent Bolsonaro to regain the presidency. Bolsonaro had flip-flopped on the issue of legalizing betting in Brazil, sometimes for it and sometimes staunchly against.
In theory, his changing mind was an attempt to appease certain factions of his supporters. However, it ultimately was not enough to secure him reelection. Lula took over the presidency during an inauguration on New Year’s Day in 2023. Though no major change has come to pass yet, Lula’s government has hinted that it would support efforts in regulation.
The current administration has more pressing matters on its plate after riots this past Sunday caused damage to government buildings in the federal capital, Brasília. The riots were initiated by pro-Bolsonaro militants to contest the results of the October elections. They have been condemned as an attack on democracy, and have resulted in the arrest of more than 1,000 participants.
Bolsonaro’s son, Senator Flavio Bolsonaro, denied that his father had anything to do with instigating the attack, though the former president had made hints for months that election fraud could be a problem. Speaking to the senate, the younger Bolsonaro said, “Since the election result he’s been silent, licking his wounds, virtually incommunicado,” according to Reuters.
